An important part of any Georgia tractor-trailer or truck wreck case is investigating whether the truck driver was under the influence of drugs or alcohol and whether the trucking company followed the federal laws and tested the truck driver for drugs and alcohol after the accident. Both federal and Georgia law prohibit truck drivers from driving tractor-trailers under the the influence of drugs and alcohol. To enforce this rule, Georgia and the Federal Motor Carrier Safety Administration (“FMCSA”) have strict rules that require tractor-trailer companies to test truck drivers for drugs and alcohol after wrecks.
Drugs and Alcohol Laws and Regulations
Here’s a brief explanation of the post-accident drug and alcohol testing rules:
Georgia and FMCSA Regulations 382.303(a) and (b) require that after a wreck a trucking company test its truck driver for drugs and alcohol when:
- someone was killed in the accident
- the truck driver was cited for the accident and a person was taken by ambulance for medical treatment
- the truck driver was cited for the accident and one of the vehicles involved in the accident suffered disabling damage and had to be towed from the scene.
The regulations require the tractor-trailer company to test their drivers for drugs and alcohol as “soon as practicable” after a wreck. If the trucking company doesn’t do so, it must write a report explaining why it did not test its driver.
Company Required to Test for Drugs and Alcohol
Because alcohol leaves a person’s blood stream relatively quickly, the regulations require that drivers be tested for alcohol shortly after a wreck. Under FMCSA and Georgia Regulation 382.303(d)(1), the trucking company must attempt to test the truck driver for alcohol within two hours after the wreck. If the trucking company doesn’t do so, the company must prepare a written report explaining why. If the trucking company does not test the truck driver for alcohol within eight hours after the accident, the company must stop trying to give the truck driver an alcohol test and prepare a written report explaining why it did not do so.
Drugs take longer to leave a person’s blood stream so the regulations allow more time to drug test truck drivers after an accident. FMCSA Regulation 382.303(d)(2) requires that the tractor-trailer company must test the truck driver for drugs within 32 hours after the wreck. If the tractor-trailer company does not do so, it must prepare a written report explaining why.
Trucking companies are required to teach their drivers about the drug and alcohol testing rules so that the truck drivers know that they must take drug and alcohol tests after accidents. Georgia and FMCSA Regulation 382.303(f) requires that tractor-trailer and trucking companies teach their truck drivers about the post-accident drug and alcohol testing rules and provide the drivers with information about the rules so that drivers follow the rules and make sure they get the required tests after a wreck.